C-25.01 - Code of Civil Procedure

Section 170 Disposition versions

2020-12-11

170. Defending an application, whether orally or in writing, consists in raising all the grounds of law or fact that argue against granting in whole or in part the conclusions sought in the application. In its defence, a party may allege any material facts, even material facts that have arisen since the application was instituted, and advance any conclusions necessary to defeat grounds set up by the other parties.

If the defence is oral, the arguments made are recorded in the minutes of the hearing or in a brief outline attached to the minutes. If the defence is written, it is set out in a pleading.

The defendant discloses to the plaintiff the exhibits in support of the defence as soon as possible, in the manner they agree on.

A declaration by a party that it submits to justice is not a defence, nor is it acquiescence in the claims of another party.

2014, c. 1, a. 170; 2020, c. 29, s. 27.

2016-01-01

170. Defending an application, whether orally or in writing, consists in raising all the grounds of law or fact that argue against granting in whole or in part the conclusions sought in the application. In its defence, a party may allege any material facts, even material facts that have arisen since the application was instituted, and advance any conclusions necessary to defeat grounds set up by the other parties.

If the defence is oral, the arguments made are recorded in the minutes of the hearing or in a brief outline attached to the minutes. If the defence is written, it is set out in a pleading.

A declaration by a party that it submits to justice is not a defence, nor is it acquiescence in the claims of another party.

2014, c. 1, a. 170.